State’s Consent Order issued against SC based on 2020 Elections Complaints
As reported on WNEG News yesterday, The Stephens County Election Board has been issued a Consent Order by the Georgia State Election Board in settlement of three cases, all relating to the 2020 General General Elections and the Runoff Election in early 2021, and the actions of former Stephens County Chief Registrar Eureka Gober during that time period.
In the Consent Order, it is stated that in three “cases” or complaints, the “State Election Board found evidence of potential violations by former Stephens County Chief Registrar Eureka Gober.”
The specific complaints dealt with in the three cases addressed in the Consent order are as follows:
The Absentee Ballot Drop Box in Stephens County, during the June 9 2020 Primary Election, did not have the proper signage as mandated by the state, which required a sign stating “official absentee Ballot Drop Box,” and instead only had a sign that stated “your voice your vote.” Additionally, the physical location of the drop box had not been posted to the Stephens County Elections Office website.According to investigation records, Gober advised investigators that, although the location had not been posted to the website, it had been published in the local newspaper.
Additionally, investigation found that, during the June 9, 2020 and August 11, 2020 Primary Runoff, there were no “opening of the polls” records on file with the local or state office. According to state law, election managers are to sign and maintain a certificate showing the number of the seal of the machines and that all counters are set to zero. The consent order documentation shows that Gober failed to properly document that all the voting equipment had the appropriate seals and that all electronic poll books, ballot markers and ballot scanners indicated zero counts proper to the opening of the polls on the specified dates. Equally, investigation showed that on the same dates, the required “closing of the polls” records, including the ballot recap sheet, were not completed and filed by Gober, and that she did not properly investigate and reconcile the total number of ballots and maintain proper and complete documentation.
Also, during the above-stated election dates, it was determined that poll officials were not adequately trained on how to perform certain election process functions, specifically regarding closing of the poll and tabulation requirements. State law requires election supervisors to provide adequate training.
In a second case, multiple complaints were filed with the state between November of 2020 and January of 2021 concerning issues with the administration of the June 9, 2020 Primary Election, the November 3 2020 General Election and the January 5, 2021 runoff Election. Findings by the investigation included late entry of 2020 General Election Early Voter data into the Election Net database by the deadline, but was instead completed within 20 days following the deadline. Additionally, processing of absentee ballot applications of several voters were not processed in a timely manner and applicants did not receive their absentee ballots, and processing of several voter registrations was likewise not completed in a timely manner as required by law. In the same case, a complaint was investigated regarding the handling and transportation of absentee ballots during the 2020 Primary Runoff and the 2020 General Election – in that one absentee ballot was discovered on the front desk at the county’s election office. Investigation found that the ballot had been collected and counted, but had not been secured properly. Investigators also found that Gober failed to maintain absentee ballot drop box logs for the 2020 Primary Runoff election and the ballot recap sheet for the 2020 General Runoff Election. In the final complaints included in the case, it was determined that Gober failed to respond to several open records requests as required by law.
In the third case included in the consent order, regarding complaints filed in relation to the January 5, 2021 General Federal Runoff Election in Stephens County, it was reported by Gober to investigators that two voters voted both in person, and by absentee ballot, and one person voted twice in person.
The complaints filed with the State Elections office, and the resulting State Elections Office investigations, were covered in WNEG News articles published in 2022, as were the findings of those investigations that discovered sufficient evidence to confirm the complaints, and which led to the consent order issued this past December.
In resolution of the Consent Order, the county is ordered to cease any further violations of the election code, and it is acknowledged that the Consent order serves as a public reprimand of the Stephens County Election Office by the State. The consent order states, “The State Election Board recognizes that the Respondent’s Board has been reestablished and that the Respondent has new election officials in place, and that the Respondent believes that this may alleviate the situation that led to the circumstances underlying the order.”
A civil penalty of $3,000 was ordered, as well as $536.28 in investigative fees to be reimbursed to the state.
In addition, the county election office is ordered to “provide adequate training for its board members, poll managers, and poll workers”
WNEG News spoke with County Administrator Christian Hamilton regarding the consent order, and he said the County received the finalized copy of the Consent Order recently, following initial issuance of the unsigned document in December of last year.
Hamilton said the violations of state codes that resulted in the consent order, which are detailed in the consent order itself, all occurred during the 2020 election cycle, including the runoff election in early 2021, before the current local election office personnel were on staff.
He explained the financial obligation included in the consent order.
Hamilton Said he has not been made aware of any further investigations by the state, or any further complaints regarding the Stephens County elections, or election office, and stated that new Elections Supervisor Bruce Carlisle is making a big difference in the running of the office.
Hamilton also stated that, during routine visits recently by State Elections Office personnel, they have had nothing but positive feedback and comments.
He Said the county is taking steps to show citizens the work being done to improve the elections office and said any citizen with concerns can talk to county officials regarding those concerns.
He stressed that the County is working to resolve the issues that led to the complaints in 2020 that led to the Consent Order
PRIOR COVERAGE
On September 7, 2022, WNEG News reported that the State Board of Elections had released its findings regarding several complaints against the Stephens County Elections Office submitted by former Stephens County Republican Party Chairwoman Rebeckah Bennett, alleging that Gober continuously failed to adhere to the rules regarding the fundamentals of the election process for the election cycles for the General Primary for June 2020 and the General Primary Run-off for August 2020.
The summary of investigation by the State Board of Elections stated that several of the allegations were unsubstantiated, as there was not enough proof to conclude with certainty that Gober failed in several of her duties as alleged in the Bennett’s complaints, including a failure to communicate with board members of the Stephens County Board of Elections and Registration; failure to properly communicate with the media; and failure to ensure the Stephens County Election Office posted and/or communicated with official party representation, candidates/campaigns, or other party officials that wish to observe elections activities.
However, that same investigation identified sufficient evidence to suggest Gober failed to comply with the closing of the polls requirements when she failed to maintain a zero tape reflecting voting devices were set to zero verifying no votes were present on the voting equipment; did not prepare or maintain the proper election records to show a discrepancy was properly investigated and/or reconciled regarding the total number of ballots as the number of rescanned ballots reportedly did not match ballots printed at closing.
Former Stephens County Deputy Registrar April Roberts was quoted in the findings as telling investigators that poll workers were not adequately trained and did not know how to perform certain functions related to the elections process.
As reported at the time by WNEG News, State Election Office Investigator Gilbert C. Humes concluded in the report that, “The investigation identified that there was no record of opening the polls election records on file with the Stephens County Board of Elections and Registration or with the Georgia Secretary of State’s Office, suggesting the Stephens County Board of Elections and Registration violated Official Election Record Document Processes when it failed to document all voting equipment had the appropriate seals and that the electronic poll books, electronic ballot markers, and ballot scanners all indicated zero counts prior to the opening of the polls.
Humes says “The investigation also identified that there was no record of closing the polls election records on file with the Stephens County Board of Elections and Registration or with the Georgia Secretary of State’s Office, suggesting the Stephens County Board of Elections and Registration violated Official Record Document Processes when it failed to complete a Ballot Recap Sheet and failed to properly investigate and/or reconcile the total number of ballots following a reported discrepancy and/or palpable error.”
Based on the aforementioned violations and the statement by Roberts, the investigation findings listed that “there is sufficient evidence to suggest that Stephens County Board of Registration and Elections Chief Registrar failed to comply with the provisions of the law that requires the election superintendent to ensure poll officers and workers received adequate training in all aspects of state and federal law applicable to conducting elections.”
Details on the investigation findings can be read in the text of the Sept. 7 WNEG News article.
Those violations of Georgia Code (O.C.G.A. 21-2-99(a) resulted in the case being bound over to the Attorney General’s Office, a circumstance that eventually led to the recently released Consent Order against Stephens County.
Two days later, on Sept. 9, 2022, WNEG News reported on further allegations made to the State Elections Office regarding functioning of the Stephen County Election office during the 2020 elections, and reported that the State had found insufficient evidence to conclude three of the alleged violations of voting procedures and laws had occurred including allegations that two Stephens County voters did not receive credit for voting during the 2020 General Election. However, the investigation determined that there was sufficient evidence to prove election code violations occurred in relation to the other five complaints, which included failure to timely enter all 2020 General Election early voter data into Election Net, failure to process two applications for absentee ballots for the 2020 Primary and General Elections, failure to register three voters in a timely manner, which resulted in one voter not being able to cast a ballot in the 2020 General Election, staff violations of ballot handling, collection and transportation codes and regulations, and failure to respond to open record requests in a timely manner. Details on the investigation findings can be read in the text of the Sept. 9 WNEG News article.
Additional coverage of the State’s investigation and findings were provided by WNEG News on Sept. 13, 2022, Sept. 21, 2022, and Sept. 23, 2022, with each of those articles providing investigation details connected to each of the listed complaints.
ELECTION OFFICE /ELECTION SUPERVISOR TIMELINEGober stepped into the position of Election supervisor in late 2018 after the retirement of the previous Election Supervisor Bill Cochran. She resigned in January 2021 following the 2020 election cycle and 2021 runoff election.
In March 2021, Deputy Registrar April Roberts was named Chief Registrar,
On February 28, 2022, Election Supervisor April Roberts tendered her resignation.
After Robert’s departure, Nora Waters was named interim election supervisor.
Waters served as the interim until Krista Terry was named the sole finalist for the position in April 2022.
Then, on October 18. 2022, Terry resigned from the post. Bruce Carlisle was named the sole finalist for the Election Supervisor position during the Stephens County Board of Commissioners meeting on November 22, 2022.
